An Oklahoma man who was a passenger in a private jet with his son-in-law last March, suffered serious brain injuries when the plane attempted an emergency landing, which also killed the plane’s two pilots. The men subsequently filed a lawsuit seeking compensation for their injuries.
The two men sued the makers and owners of the plane, on which they were traveling for business, at the time. The main plaintiff claims that he is unlikely to recover from the serious brain injuries, and that he is now bedridden and has trouble speaking. He is reportedly unlikely to ever make a serious recovery and become independent. While he was a firefighter at the time he was injured, his health insurance did not cover the injuries, as they were sustained while conducting unrelated business.
The man’s son-in-law, while in better overall condition, suffered orthopedic injuries. The families are seeking unspecified damages for physical injury, emotional distress, loss of normal life, medical expenses and lost earnings. An attorney for the men stated that the lawsuit will not be able to proceed until the National Transportation Safety Board completes its investigation.
While this accident occurred in Indiana, it could just have easily occurred in Maryland, or anywhere else. While the details surrounding the specific legal claims are unavailable, the lawsuit likely relies on negligence based claims. Claims are typically consolidated into a single lawsuit in order to, “avoid the expense and vexation of multiple lawsuits, conserve judicial resources, and foster reliance on judicial action by minimizing the possibilities of inconsistent decisions.” This reasoning explains why plaintiffs typically include all potential defendants in a single civil action.
Negligence requires proof by the plaintiff of four elements: that the defendant owed a duty of care to the plaintiff, the defendant breached that duty, the breach caused injury, and the plaintiff has measurable financial damages. The duties owed by the manufacturer of the plane, would be to ensure that it was safe. The duties owed by the owner of the plane could be both that they maintained it in a safe working condition (think regular maintenance), and that they employed pilots who were qualified to fly it. The various damages sought by the plaintiffs stem from the alleged breach of these various duties.
If you or a loved one has suffered a personal injury due to someone else’s negligence, contact the experienced Washington D.C. area personal injury attorneys at Lebowitz & Mzhen, LLC immediately. Our dedicated attorneys have represented individuals and their families who have suffered as a result of car accidents, medical malpractice, birth injuries, premises liability and other traumatic events. If your loved one was seriously injured or died because of the wrongful or negligent actions of another, please contact the personal injury attorneys at Lebowitz & Mzhen by calling 1-800-654-1949 or by visiting our website, in order to schedule your initial free consultation.
More Blog Posts:
Defective Bed Rails Lay Potential Groundwork for Class Action Lawsuit, Washington DC Injury Lawyer Blog, published October 14, 2013
Man’s Family Finally Receives Long Awaited Settlement in Personal Injury Negligence Lawsuit, Washington DC Injury Lawyer Blog, published October 7, 2013